Last Modified: November 1st, 2018
We may amend this agreement at any time by posting the amended terms on our website https://www.psychiatrygenius.com (hereafter known as the “site”). Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site. Upcoming changes will also be posted on this page.
In this agreement, “you” or “your” means any person or entity subscribing to and/or using the service (“users”). Unless otherwise stated, “Psychiatry Genius,” “we,” or “our” will collectively refer to Psychiatry Genius.
In order to use Psychiatry Genius services, you need to:
Be 13 or older
Have the power to enter binding agreement(s) with us without being restricted by any applicable laws
In consideration of and subject to your payment of the appropriate subscription fee for the services you subscribe to, and your agreement to and compliance with the terms and conditions set forth in this agreement, Psychiatry Genius grants to you a non-exclusive, non-sub licensable, non-transferable license, and right to use and access the Psychiatry Genius content (the “licensed materials”) from multiple devices/locations with non-concurrant login access (“different times”). You are not allowed to access the Psychiatry Genius content from multiple devices/locations concurrently (at the “same time”). Access of Psychiatry Genius services from multiple devices/locations concurrently will be defined as account sharing, and appropriate action will be taken as defined in the “Restriction Against Transfer” section of this agreement.
You must use a Psychiatry Genius recommended version of an operating system, Internet browser, and any other required software to access the licensed materials as specified in our system requirements. System Requirements are updated to account for advancements in technology. Psychiatry Genius reserves the right to discontinue support for any system at any time. Compensation will not be provided for inability to use or access the services on discontinued or unsupported systems/devices.
Software Use Terms
The Psychiatry Genius software used for the question banks (Qbank), Self-Assessment (SimExam), and Computer-based Case Simulation (CCS) (hereafter collectively referred to as “software”) is designed to work with Java Runtime Engine (JRE) 8.0 or higher on Windows and Macintosh. Any attempt to use the Psychiatry Genius software with lower versions of JRE constitutes a violation of the terms and conditions set forth in this agreement, and might result in unexpected behavior, for which Psychiatry Genius cannot be held responsible or liable for any damages. The Psychiatry Genius software is designed to access your computer system’s clipboard during use. While a test is in progress, the Psychiatry Genius software shall disable all clipboard functions of your computer system (including, but not limited to, copy-paste-print and save-to-disk functions). Furthermore, the Psychiatry Genius software shall monitor all processes on your computer to determine if there exists any applications that could be used (intentionally or unintentionally) to copy contents. Simultaneous use of such applications (hereafter referred to as “dubious applications”) with the Psychiatry Genius software constitutes a violation of this agreement. Psychiatry Genius reserves the right to determine which applications are classified as “dubious applications”. When such a process or application is found to be active on a user’s machine, the administrator will be notified with the process name. The user will also be notified with instructions to disable it on every attempt. In addition, Psychiatry Genius reserves the right to disable the launch of any test(s), if any such “dubious application” is found to be active on the user’s computer system. The user will not be able to switch between applications when Psychiatry Genius software is running. The user also understands and acknowledges this disabled function as part of the subscription terms.
Psychiatry Genius will always keep your account and self-assessment exam performance results confidential and will not provide such information to third parties without your consent. In the event that an educational institution (i.e., medical school or residency program) pays for the “services”, the educational institution can request the performance results from Psychiatry Genius through your written consent.
The Psychiatry Genius software has been tested with a wide range of computer configurations; however, due to the rapidly evolving computer industry and unpredictability of various factors affecting computer systems, Psychiatry Genius does not guarantee the functionality of its software on every configuration, nor does Psychiatry Genius guarantee predictable behavior of the software in general. You recognize all of the above terms and accept that use of the Psychiatry Genius software on your system is done solely at your own risk.
Access via Mobile Devices – Qbank and Self-Assessment Exam Services Only
Access to Qbank and Self-Assessment Exam services via certain mobile devices is provided as an additional feature, but it is not intended to be a replacement for computer access. Psychiatry Genius, at its sole discretion, may choose to discontinue offering access via any or all mobile devices at any time with or without reason or explanation.
In order to install and use any of our software or app(s), you must have a compatible device that meets all system requirements.
“Jailbroken” or “Rooted” devices are not supported. (Jailbroken/Rooted devices refer to any devices that do not have original equipment manufacturers’ (OEM’s) operating systems and/or any devices that have operating systems that have been modified in a manner not approved or supported by the OEM). You agree that you will not attempt to install or use the software on any jailbroken/rooted device. Further, any attempt to install or use the software on a jailbroken/rooted device will constitute breach of these terms and conditions of use and may result in account termination, without refund, at the sole discretion of Psychiatry Genius.
You agree that Psychiatry Genius will not be held liable for any damages to your devices, operating systems, and/or any data loss resulting from the direct or indirect installation or use of the provided software.
No refunds or cancellation will be honored due to your inability to install and/or use the provided software on any mobile device (regardless of whether or not the device meets the minimum system requirements).
An internet connection is required while the software is in use, and a Wi-Fi internet connection with an unlimited data plan is highly recommended (both unlimited upload and unlimited download). Use of a fixed data plan, limited data plan, and/or any other pay-per-use data plan for internet connection is not recommended. If you use a fixed, limited, or pay-per-use data plan, you will be solely responsible for any data charges incurred. You agree that Psychiatry Genius will not be held liable for any data charges, overage fees, or any other miscellaneous fees or costs that result, directly or indirectly, from use of the software on your devices, including in the event of software malfunction.
While a test is in progress, you agree that you will not attempt, in any way, to copy or capture the contents of any test screen (including, but not limited to, via any OEM-provided functionality or third-party applications). Psychiatry Genius reserves the right to disable your account without refund in the event that you copy or attempt to copy any Psychiatry Genius copyrighted content.
It is your sole responsibility to ensure that your mobile device is appropriately used and safeguarded. In the event that your device is lost or stolen, you must notify Psychiatry Genius immediately so that we may disable access to the account. Any violations of these terms and conditions under your account will be treated as if you performed said actions, and you will be fully liable for any damages directly or indirectly resulting from said violations.
Export Restrictions on International Sales
In accordance with current U.S. export restrictions, Psychiatry Genius software may be downloaded by individuals throughout the world except those in the following embargoed countries: Cuba, Iran, Syria, North Korea and Sudan. If you are residing in one of these countries, you may not purchase a subscription or download Psychiatry Genius software.
Access to Course Content
You shall be allowed to use the licensed materials for the specific course(s) and material(s) to which you have subscribed. Each course has its own subscription fees and course duration. You are not allowed to access the content of courses that you have not subscribed to.
Psychiatry Genius products are intended for individual self-study and exam preparation and are sold in the form of subscriptions. The products are designed to facilitate careful review by users of all content contained within the subscriptions in order to deliver maximum benefit and optimal study experience to our typical users (hereafter also referred to as “normal” product usage). “Typical” refers to users with a usage pattern of at least 90% of regular users of any particular subscription.
Usage of Psychiatry Genius subscriptions which is determined not to fall under reasonable use may result in action taken against the account, at Psychiatry Genius’s sole discretion. Subscription utilization that is indicative of, or arising from, impermissible business, multiple user, community, or fraudulent use may result in suspension or termination of the subscription in question. Psychiatry Genius may contact any user at any time to request clarification of a usage pattern which does not fall under reasonable use.
When you attempt a transaction on our website, the card processor verifies available funds by placing a hold, or pending charge, on the amount of the intended transaction against your card. The card processor then confirms the accuracy of your remaining information (e.g., your address, CVV2 Code, expiration date, etc.) before processing the transaction. If you enter an incorrect address or other associated detail, then the transaction is declined. This is NOT a situation unique with this website, but it is how virtually all online transactions are handled. Typically it takes the card issuing bank 2-5 days to clear associated pending charges resulting from failed/declined attempts.
We charge for each successful transaction attempt and provide a confirmation of such on our website and send a confirmation email to the registered email address upon each successful transaction on our website. You can also log-in to your account on our website and click on “Payments” section to retrieve a copy of your payment receipt(s).
Except as otherwise provided in this agreement or at the sole discretion of Psychiatry Genius, no refunds, cancellations, or changes to subscriptions will be allowed. Psychiatry Genius reserves the right to refuse a refund if the user is found to be in violation of Terms and Conditions or acting against Psychiatry Genius’s interest.
Member Account/Password and Security
You must complete Psychiatry Genius registration process in order to subscribe to and use the services by providing us with current, complete, and accurate information as prompted by the applicable registration form. You shall be responsible for the accuracy of the data provided and may update your profile data in order to reflect the most accurate current information. You will also choose a password. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Psychiatry Genius immediately of any unauthorized use of your account or any other breach of security. Psychiatry Genius will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Psychiatry Genius or another party due to someone else using your account or password.
The licensed materials, including all intellectual property rights within the licensed materials (such as copyright) are the sole and exclusive property of Psychiatry Genius. By indicating that you accept these terms, you do not become the owner of the licensed materials, but are entitled to use them according to the terms of this agreement.
You have the right to use and access the licensed materials for the course(s) you have subscribed to for the duration of your subscription period unless an interval of maintenance downtime has been scheduled. Content will be provided as described in the respective product description pages and may change during the course of a subscription period to remain relevant. For Qbank products, the number of questions may vary during the subscription term based on content changes and updates. However, Qbank subscriptions will always have a minimum number of active questions as described in the corresponding product description pages. The subscription period will start immediately after activation unless you notify Psychiatry Genius about a desired start date before using any of the licensed content. Subscription(s) cannot be suspended temporarily and reactivated at a later date. You must use the course material within the subscribed period, and no free extensions are offered in exchange for any unused time.
At the end of your subscription period, your right to use and access the licensed materials will expire automatically unless you renew under Psychiatry Genius current terms and conditions. A renewal will allow you to work on existing Psychiatry Genius test information for a preset extended period. Renewals are offered as a continuation to a current subscription term but not for later use after this term has expired. You must renew the subscription prior to its expiration date. A renewal will be provided only for the course subscribed. Some courses are offered as a combination package(s), and renewal will only be permitted for individual courses in the package but not for the original combined package. This agreement and your right to use the licensed materials will also terminate at Psychiatry Genius sole discretion if you fail to comply with any terms or conditions. The Qbank test information will not be reset (deletion of test/performance/usage information) during the subscription period unless it meets the eligibility criteria described below.
Qbank reset eligibility is based on the continuous duration (without any intermediate breaks) of a currently active subscription and does not take previous subscription(s) into account. A reset is a permanent and irreversible purge (deletion) of all your test and performance data from our system.
You may print out the allowed content from the most current version of the database solely for your personal educational use if you include a source reference to Psychiatry Genius and its copyright notice. “Allowed content” refers to that part of the Psychiatry Genius content where Psychiatry Genius specifically provides a “Print” icon for printing. Psychiatry Genius reserves the right to restrict printing for any content in the website. You agree to have access to a computer and the Internet to access Psychiatry Genius, but except as provided in this agreement, you may not print out the licensed materials. None of the Qbank or Self-Assessment Exam test contents are allowed for print, copy-paste, or save-to-media/disk, but cumulative performance, score reports, and notes are allowed for printing.
You are expressly prohibited from copying, reverse engineering, or modifying any or all of the licensed materials. No part of the licensed materials may be copied for resale or other commercial use or offered for sale or reproduced on any bulletin boards, web sites, discussion forums, Internet domains, or online chatrooms. You many not use any device, software, or routine to interfere or attempt to interfere with the proper working of the site or any activity being conducted at the site. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.
Restriction Against Transfer
You are not allowed to sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the licensed materials. All accounts at Psychiatry Genius are monitored for multiple logins. In the event that Psychiatry Genius believes at its sole discretion that an account is being used by multiple users at the same time, Psychiatry Genius reserves the right to terminate that account without any notice or refund. We also retain the right to sue on grounds of breach of contract. Therefore, please do not disclose your account details to anyone else.
In the event that you breach any term of this agreement, Psychiatry Genius may, at its sole discretion, terminate this agreement, your access to the site, and its provision of services to you without refund. Psychiatry Genius reserves the right to seek all remedies available by law and in equity for such breaches.
Users are prohibited from using any Psychiatry Genius marks without the written permission and consent of Psychiatry Genius. All content on the site is protected by copyright.
Psychiatry Genius is a commercial educational service provider for individuals who are preparing for the Certifying Board Exam in Psychiatry, and the Psychiatry Resident In-training Examination. Psychiatry Genius is in no way affiliated with the American Board of Psychiatry and Neurology, Inc. (ABPN) or any other official organization.
Psychiatry Genius PROVIDES ITS SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Psychiatry Genius does not endorse, and is not responsible for, the accuracy or reliability of any opinion, advice, or statement made through the site by any party other than Psychiatry Genius. Other than as required under consumer protection law, under no circumstance will Psychiatry Genius be liable for any loss or damage caused by your reliance on information obtained through the site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the site. Please seek the advice of professionals as appropriate regarding the evaluation of any specific information, opinion, advice, or other content.
The information provided in Psychiatry Genius is no substitute for individual patient assessment based upon the healthcare provider’s examination of each patient and consideration of laboratory data and other factors unique to the patient
Psychiatry Genius should be used as a tool to help individuals prepare for various exams
Psychiatry Genius reserves the right to withdraw subscriptions and the complete site if necessary. If this ever becomes necessary, you will only pay for the time of your subscription that has elapsed (on a pro-rata basis)
Psychiatry Genius will use reasonable efforts to rectify any error that occurs on its site but does not guarantee access to the site in case of software errors/viruses/other natural or technical catastrophes that cannot be repaired in spite of a reasonable effort
Psychiatry Genius will use reasonable efforts to keep its site online at all times. You understand that scheduled maintenance and problems out of the control of Psychiatry Genius can cause the site to be temporarily unavailable
Limitation of Liability
Psychiatry Genius specifically disclaims any liability (whether based in contract, tort, strict liability, or otherwise) for any indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the site, this agreement, and our services, even if Psychiatry Genius has been advised of the possibility of such damages, including liability associated with any medical malpractice or viruses, which may infect a user’s computer equipment. Psychiatry Genius’s maximum liability arising out of or in connection with your use of its services and site, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed your subscription fee.
Confidentiality of User Communications
Except as required by law, Psychiatry Genius will maintain the confidentiality of all user communications, which contain personal user information and which are transmitted directly to Psychiatry Genius. Your postings on any public arena, such as a message board or in any chat room, will not be protected as confidential, and Psychiatry Genius may use and disclose information contained in any such postings (including any ideas, concepts, know-how, or other intellectual property) for any purpose deemed appropriate by Psychiatry Genius.
Search engines and web crawlers
The information that is posted on Psychiatry Genius Forums and Blogs is routinely indexed by search engines and web crawlers (like Google, MSN, Yahoo, etc.). Therefore, when an online search is conducted, the information posted might show up in search results. If you do not wish for posting to be made publicly available or indexed by third-party search engines, then do not make a post on our forums.
Linked Internet Sites
Psychiatry Genius is not responsible for the content available on any other Internet sites linked to the site. Access other Internet sites linked to the site is at your own risk.
You may link to the home page of our website as long as the link does not cast us in a false or misleading light.
Psychiatry Genius is under no obligation to review any messages, information, or content (“Postings”) posted on the site by users, and assumes no responsibility or liability relating to any such postings. Notwithstanding the above, Psychiatry Genius may from time to time monitor the postings on the site and may decline to accept and/or remove any postings that contain:
Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including, but not limited to any material which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law
Advertisements or solicitations of any kind
Messages posted by users impersonating others
Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references
Messages by non-spokesperson employees of Psychiatry Genius purporting to speak on behalf of Psychiatry Genius
Messages that offer unauthorized download of any copyrighted or private information
Multiple messages placed within individual folders by the same user restating the same point
Chain letters of any kind
In accordance with the Digital Millennium Copyright Act (DMCA), Psychiatry Genius encourages all copyright infringement claims to be made in writing. Any registered user or visitor to the Psychiatry Genius website who believes they are a victim of copyright infringement should notify the Psychiatry Genius DMCA agent immediately.
If you are the copyright owner or an agent acting on behalf of the copyright owner, please provide us the following information:
The description of the probable copyright infringement material(s)
Any information that can assist Psychiatry Genius agents to properly pinpoint the information, including, infringer’s user ID, URL of the page, date of posting, etc.
Detailed contact information, including your full name, address, e-mail, and telephone number
Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Send written communication to Jenny Zhang at:
jenny @ psychiatrygenius.com
This agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled. This agreement is governed by the internal substantive laws of the state of California in the United States of America, without respect to the conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Los Angeles, California in the United States of America. If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.
Should you have any questions regarding this agreement, you may contact us at any time.